Trademark Infringement

  • Attorneys Fees & Lanham Act

    Attorneys Fees & Lanham Act

    Anthony Cartee

    ·

    Attorneys Fees Under the Lanham Act Attorneys Fees – Today we look at Aviva USA Corporation v. Vazirani, a case recently heard by the United States District Court for the District of Arizona.  Interestingly, Arizona is located in the famous (or infamous) 9th Circuit of the United States, the largest circuit including areas as diverse as Alaska, Oregon, California, and of course, Arizona.  This case explores the issue of when it is appropriate to award attorney’s fees to the prevailing party in an action for trademark infringement. Attorneys Fees, Generally In the British judicial system the rule is that the losing party… Read More

  • Preliminary Injunctions – Trademark Infringement

    Preliminary Injunctions – Trademark Infringement

    Anthony Cartee

    ·

    Preliminary Injunctions for Trademark Infringement Preliminary Injunctions – When you accuse someone of infringing your valuable trademark, what actually happens?  In American Rena International Corp v. Sis-Joyce International the United States Court of Appeals for the Ninth Circuit issued a ruling that very clearly articulated the standards for what is known as preliminary injunctions. Preliminary Injunctions, Generally Imagine a dispute between two parties.  Party P, the plaintiff, accuses party D, the defendant, of doing something wrong – let’s hypothetically say that D has taken to shooting a shotgun into the air in his own backyard which is next door to P’s duck… Read More

  • Trademark Trial Appeal Board & Infringement Lawsuits

    Trademark Trial Appeal Board & Infringement Lawsuits

    Anthony Cartee

    ·

    Trademark Trial Appeal Board & Infringement Lawsuits Trademark Trial Appeal Board (TTAB) – In B&B Hardware v. Hargis Industries the United States Court of Appeals for the Eighth Circuit ruled on a contentious case of trademark infringement litigation that had been going on for over fifteen years.  One of the central issues was the very, very interesting role of decisions made by the Trademark Trial Appeal Board (TTAB) which is an adjudicatory branch of the United States Patent and Trademark Office (USPTO.) Background of the Case Plaintiff B&B makes a type of fastener device used in the aerospace industry that it sells under… Read More

  • Genericide: How Success May Cancel Trademark

    Genericide: How Success May Cancel Trademark

    Anthony Cartee

    ·

    Genericide: How Success May Cancel A Trademark Genericide Discussion – What do the terms “Thermos,” “Aspirin,” and “Yo-Yo” have in common?  They are all very successful products that have actually lost their trademark protection under the Lanham Act due to a doctrine known as Genericide.  In general, when accused of trademark infringement, one of the common defenses is “genericness.”  This defense says that the term is so broad that it doesn’t actually identify a unique source but instead describes an entire class of products.  A term may inherently be generic (“bed”) or may become generic through genericide (“Murphy bed.”)  Here we’ll look… Read More

  • Voluntary Cessation and Loss of Standing

    Voluntary Cessation and Loss of Standing

    Anthony Cartee

    ·

    Voluntary Cessation and Loss of Standing Voluntary Cessation Case – Competitors should not be able to use trademark lawsuits as offensive weapons.  This was the clear message issued by Justice Roberts for a unanimous Supreme Court in the case of Already LLC v. Nike Inc. In the case, also covered by Reuters, Nike sued Already (DBA Yum) for trademark infringement of its iconic Nike Air Force One sneakers.  Already, maker of the “Sugar” and “Soulja Boy” brands of shoes, countersued to invalidate Nike’s trademark.  Then, things became tricky. Already’s Countersuit to Void the Trademark After considering all the factors, Nike decided that Already… Read More

  • Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery

    Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery

    Anthony Cartee

    ·

    Gucci America Inc v. Guess Inc – When Imitation Exceeds Flattery Imitation is the sincerest form of flattery.  Good artists borrow; great artists steal.  Nowhere are these old adages more apt than the hidden focus groups and team meetings of the fashion industry.  What’s trendy this season is often only good for the clearance rack in six months time – leading to enormous pressure to constantly produce products on the cutting edge.  Invariably, similar looking articles of clothing and other apparel are going to hit the shelves.  At what point does imitation cross the line?  The Trademark infringement case of Gucci… Read More